Chapa v. State, 4D12–3138.
| Decision Date | 11 March 2015 |
| Docket Number | No. 4D12–3138.,4D12–3138. |
| Citation | 159 So.3d 361 (Mem) |
| Parties | Daniel CHAPA, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Carey Haughwout, Public Defender, and John M. Conway, Assistant Public Defender, West Palm Beach, for appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, and Nancy Jack, Assistant Attorney
General, West Palm Beach, for appellee.
Appellant challenges his sentence under the Prison Releasee Reoffender Act, arguing that, under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and Alleyne v. United States, ––– U.S. ––––, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013), the Act unconstitutionally allowed the judge, rather than the jury, to find appellant qualified as a prison releasee reoffender. We affirm, adopting the reasoning of Williams v. State, 143 So.3d 423 (Fla. 1st DCA 2014), and Lopez v. State, 135 So.3d 539 (Fla. 2d DCA 2014), which hold that the facts found by the judge under the Act are not elements of the offense and are within the “prior conviction” exception to Apprendi.
Affirmed.
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